Penal Code (XLV of 1800) Section 499/500 - Complaint under Section 138 of the Negotiable Instruments Act, dismissed – Accused filed a complaint under Section 499/500 IPC  - In a criminal trial, the finding regarding acquittal is recorded by the Court on the basis of the evidence on record -  Merely because the Court comes to the conclusion that no offence is made out, does not give a handle to the accused to launch the defamation proceedings against the complainant -  If such process is allowed, then in every case, after the acquittal, there would be an eventual and/or consequential initiation of the proceedings under Section 499/500 IPC (2020-1)197 PLR 454

 


Indian Penal Code, 1860 (XLV of 1860) S. 499, 500, 506 - Defamation - In the reply submitted to the complaint, it was stated that the complainant is habitual of making complaints and he is mentally disturbed - The purpose was not to defame him but to protect his interest - While submitting reply to the notice, no doubt accused in order to bring his case under exception third or ninth to Section 499 IPC must first establish that in making imputations, he acted with due care and attention so as to protect his interest - The imputations need not to be true but it is to be seen whether he has acted with due care and attention - Reply was filed and certain words were uttered just to show his innocence by proving that the other party was habitual of making such complaints - Court - While passing summoning order, the trial Court has not considered the third and ninth exception to Section 499 IPC - Summoning order - Set aside.  (178) P.L.R. 

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